06/23/1977
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BOARD OF ADJUSTMENT AND APPEAL ON ZONING
June 23, 1977
Members
poresent:
John K. Batstone, Chairman
Edward H. Nichols, Vice-Chairman
. Frank Donnell
Harold J. House
,
Absent:
Kurt E. Youngstrom
Also prOBent:
Edwin Blanton, Building Director
Sid Snair, Building Official
Grace Loyd and Mike Kenton, Planning Officials
Harybeth Lavallee, Assistant City Attorney
The meeting was called'to order by the Chairman at 4 p.m.
in the Commission meeting room in City Hall. He outlined
procedures and announced the request of Walter A. Sheldon,
et: al.
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Building Director Edwin Blanton reported the Board had
approved the application of Walter Sheldon on July 22, 1976,
however, the time frame had expired and the application was
being resubmitted' with no ch'angcs, to his knowledge.
Edmond Honder~onJ Uenderson Investment Corporation (con-
tractor and ~aveloper of this project of low income housing
for the elderly), stated their plan had been approved by HUD
and they were now able to complete their financing arrange-
ments. There were several slight modifications to the plan;
units will he slightly larger and they have rearranged them
to be more compatible.
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, Al Womble read into the record a letter of opposition
from the homeovners,of the Grovp.vood Association mainly
objecting to obstruction of the view because of the height
of ,the b~ildln8.
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I Upon consideration ,of the appeal of Walter A.
,-, 'et ,al (Henderson Investment Corporation), from the
::;"of : tho 'Building Official concerni!1g the request to
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Sheldon,
decision
erect 3 story
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6/23/77
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building in lieu of 2 story;' 8 units in row in lieu of 6 and
about 43% efficiency units in lieu of 25% on the following
property: Begin 667.77 ft. South and 400 ft. East of the NW
corner of NW~ of SW~ of Section 18-29-16, thence East 250 ft.
M.O.L., South 446 ft. M.O.L., West 250 ft. M.O.L., North 446
ft. to P.O.B., which property is located about 300 ft. North
of Druid Road about 500 ft. East of Belcher Road and is zoned
RM-l6 (medium density mUlti-family), it appearing after this
duly conDtituted public hearing, that there are practical dif-
ficulties or unnecessary hardships in the way of carrying out
the strict letter of the provisions of the zoning ordinance
as it aff~cts such property and that the same can be varied
in harmony with the general purposes and intent of the zoning
ordinance, Mr. Nichols moved that such appeal be granted in
accordance with the application submitted therewith, with the
provision that the right to obtain a building permit in ac-
cordance with such variance shall cease after six (6) months
from this date. Mr. House seconded the motion which carried
unanimously.
LITEM 02 - The Request of C. C. Morgan for variances.
Mr. Donnell was assured by the Building Director that
here would be no access problem.
The Building Director reported this is a townhouse de-
velopment. The Commission had approved the townhouses on
the property with a five foot setback from Eldridge Street
and a ten foot setback from Osceola Avenue. The applicant
proposes to build an addition to the rear of his townhouse.
Sid Snair reported that as Sectioh 30.05, Townhouse De-
velopment, of the Zoning Code, does not address criteria for
additions, it was brought befora the Board of Adjustment and
Appeal on Zoning.
Lee Regulski, contractor, stated there were no guidelines
to follow and the ordinance covering townhouses requires a
minimum of 1,800 square feet per unit but does not Dention
maximum footage.
Frank Krame spoke in favor of the addition and nine 1et-
tera from owners of abutting properties, also in favor, were
accepted into the record.
e
The zoning ordinance does require a ten foot rear setback.
Mr. Donnell noted for the record that the Wing walls would
extend three feet into the ten-foot rear setback. The Assis-
tant City Attorney stated the Commission had accepted the
plan and the issue before the Board 1s whether or not to vary
the plan. The ordinance deals with the establishment of a
'nev development but does not address additions.
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6/23/77
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Upon consideration of the appeal of C. C. Morgan fro~
thQ decision of the Building Official concerning the request
fat a variance to allow a zero setback from the side lot lines
'and a sevon ft. setback from the rear lot line to construct
an addition to the existing townhouse on Lot 7, Eldridge
Townhou~e, which property is located at 313 Eldridge Street
and is zoned RH-24 (high density, multi-family), it appearing,
after this duly constituted pUblic hearing, that there are
practical difficulties or unnecessary hardships in the way of
carrying out the strict letter of the provisions of the zoning
ordinance an it affects such property and that the same can be
varied in harmony with the general purposes and intent of the
zoning ordinance, Mr. Donnell moved that such appeal be granted
in accordance with the application submitted there~ith, with
the provision that the right to obtain a building permit in
accordance with such variance shall cease after six (6) months
from this date with the provision that the intrusion of the
ten foot rear setback to soven feet only involve wing walls
and not additional structures. Hr. House seconded the motion
which carried unanimoUSly.
The Chairman presented the minutes of the meeting of
June 9, 1977, for consideration. Hearing no objections, he
declared the minutes approved in accordance with copies sub-
mitted to each Board member in writing.
There being no further business, the meeting was 3djourned
at 5:03 p.m.
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6/.23/77
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